Q: Can I get my judgement paid from someone who filed bankruptcy and was discharged but didn’t list me as a creditor?
I have a judgement. I put a lien against their bank account. The bank was listed in their bankruptcy so they won’t release the money to me. I was notified by the bank there was a bankruptcy. The filer didn’t forget to list me. He filed at the same time he submitted statements to the court in our case of why he shouldn’t be forced to pay.
A: Your debt is considered discharged whether or not the debt was listed, unless you have a legal basis to object to the discharge.
A: You are not going to get anything from the Debtor. Be careful how you approach this since you know about the bankruptcy. You could force them to list you as a creditor but it would only waste time and money since you aren't going to get anything from them unless you have a valid basis to claim you are exempt from discharge. A consultation with a bankruptcy attorney would be a wise move for you so you can know for sure you did everything possible.
A: I agree with my colleagues. It is critical that you are careful as to how you proceed with this. Meet with a bankruptcy attorney to get advice.
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